41-745. Covered and uncovered service

A. Except as provided in subsection C of this section or section 41-742, subsection A, an employee under covered service is entitled to continue to be a covered employee as long as the employee remains in covered status without a break in service or as otherwise provided by law. Probationary status employees are required to complete their probationary period before obtaining rights of appeal. On successfully completing a probationary period, an employee in covered service is entitled to have appeal rights as provided in article 6 of this chapter or section 41-1830.16, as applicable.

B. Except as provided in subsection C of this section, uncovered service consists of all employees in the state agencies not included in the covered service. Employees in uncovered service are employees at will and are not entitled to appeal rights.

C. A position that requires certification as a full authority peace officer by the Arizona peace officer standards and training board or a position designated as a correctional officer I, correctional officer II, correctional officer III or community corrections officer shall be in the covered and uncovered service as follows:

1. If, on September 29, 2012, the position is filled with an uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.

2. If, on September 29, 2012, the position is filled with a covered employee who was in the state service and the employee does not voluntarily elect to become an at will uncovered employee, the position shall remain in the covered service for the current incumbent and for all future appointments to that position.

3. If, on or after September 29, 2012, an employee in the covered service voluntarily elects to become an at will uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.